Steve Israel: Some reconsider fracking spinoff law for road use

Sunday

Dec 2, 2012 at 2:00 AM

If ever there was one issue that those for and against fracking in Sullivan County might agree on, it seemed to be this: A law to protect the county's rural roads from heavy-duty industrial activity like fracking.

Steve Israel

If ever there was one issue that those for and against fracking in Sullivan County might agree on, it seemed to be this: A law to protect the county's rural roads from heavy-duty industrial activity like fracking.

The proposed law was supposed to insure that a company wanting to use a road for high-impact truck traffic not only had to notify the town, it also had to agree to repair the road and/or give the town a bond to protect it. But now that the law is ready, at least two of the eight western Sullivan towns that signed onto it are saying "not so fast." They fear the Road Use and Preservation Law might limit — or prohibit — other activity, such as construction.

That's why the Town of Bethel will not approve the law as it's written. "We've decided not to vote for it," said Supervisor Dan Sturm. "It goes too far. The way it's written, construction on a building or a house might be subject to the law."

While Town of Highland Supervisor Andy Boyar would not say how he feels about the law before his town holds a public hearing on it next month, he did say that some in his town feel the same as Bethel.

"The feedback I'm getting is that it might have cast too broad a net," said Boyar, "that it might hurt some businesses not intended (like lumber and construction."

Of the other towns considering the law — Rockland, Tusten, Lumberland, Cochecton, Callicoon and Delaware — all seem ready to approve it.

While Lumberland Supervisor Nadia Rajsz said her town plans to "just clarify" parts of the law, the supervisors of the other towns are set to OK it.

"It's a good law," said Callicoon Supervisor Tom Bose. "If we don't do anything, we leave ourselves open to unwarranted taxpayer expense."

But even though Delaware Supervisor Ed Sykes also says it's a solid law, enough questions were raised at a recent public hearing that he's asked the engineering firm behind the law to explain it at a town meeting.

"People have legitimate questions and we hope to get them answered," he said.

As we've long reported, the state did, indeed, miss its Nov. 29 deadline to issue its fracking regulations — which are separate from the environmental review that's lasted more than four years. That means more delay.

The reason?

Before the regulations are issued, the state is conducting a review of the health impacts of the controversial natural-gas extraction method of hydraulic fracturing — which should be complete within the 90-day extension period the DEC has requested to finish the review.

To get that extension, the DEC was required by state law to release some revised proposed regulations, which it did Thursday. Those are subject to yet another 30-day public comment period, which begins Dec. 12.

But as is typical with just about anything to do with fracking, the move has met with criticism from those on both sides of the issue. Those for fracking say they've waited long enough. From the Independent Oil and Gas Association of New York:

"This delay is harmful to energy policy in New York, and hugely detrimental to the upstate New York economy"» ."

Those against fracking say the health study isn't comprehensive — or transparent — enough. From Philip Landrigan, chairman of the Department of Preventive Medicine and director of the Children's Environmental Health Center at Mount Sinai School of Medicine:

"Members of New York's medical community must have access to the documents that are now under review by the team of outside reviewers. The public -— who are being asked to assume risks of fracking — must likewise have input."

Mark Ruffalo, Melissa Leo and Natalie Merchant are just a few of the local actors and musicians in the latest anti-fracking film, "Dear Governor Cuomo," which premiered in October at the Woodstock Film Festival.

The documentary by Stone Ridge's Jon Bowermaster will be screened Wednesday at 8 p.m. on the SUNY New Paltz Campus in Lecture Center 100.